Log in or become a subscriber

An employer's "shameless" attempt to use unpaid entitlements as a bargaining chip to settle an unfair dismissal claim was "disturbing and distasteful to observe", the Fair Work Commission has said.

The NSW Aboriginal Education Consultative Group (AECG) Wiradjuri language educator was informed during a November 2021 virtual meeting that due to funding shortfalls, all educators' contracts would cease at the end of the year. Subsequent emails confirmed the employees' hours of work couldn't continue, and they would need to "reapply through the due process" for future work.

On 21 December the employer's president emailed a termination letter that said all language educators would cease to be employed the next day, and closed with the words: "if you are reapplying to join us, I will see you in 2022".

Before Commissioner Ian Cambridge the employee said that being given 24 hours' notice of dismissal just three days before Christmas, in circumstances where there had been no discussion with him personally about the end of his contract, rendered his dismissal harsh, and that he was entitled to redundancy pay...